[ad_1]
In law, the word “precedent” is used to describe a court decision that is considered authoritative for deciding subsequent cases involving the same or similar facts or similar legal issues.
It’s a principle so important that it transcends even the legal profession. The Attorney General set a precedent on Friday when he ruled to seize the assets of controversial activist Michael Amushelelo and his business partner Gregory Cloete.
For now, Amusiello is innocent. That status could change after the trial if he fails to prove his innocence. But until then, he remains innocent.
It is therefore very strange that the court decided to seize his assets while the trial for the state seizure of these items has not yet begun.
The principle of confiscation is good because it protects ill-gotten gains from being sold or destroyed by the thieves. But once these assets are in the hands of the state, we do not see the need to rush to confiscate them before a conviction has been reached.
Presiding judge Thomas Masuku said in his judgment that he was satisfied that there was a greater than 50% probability that the criminal charges against Amushelo were true. If so, it would make no sense for him to expedite the seizure of the assets because, in fact, the court could have waited until Amushelo was found guilty of defrauding the alleged investors.
[ad_2]
Source link
